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ITEM 5.1 Guardian Angels10 OtkooF MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 24 July 2017 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator Flaherty 5.1— Guardian Angels City Engineer Wagner City Attorney MacArthur AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD District, PUD Development Stage Plan, Final Plat and vacation of existing drainage and utility easements for Guardian Angels Riverview Landing. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Held by Planning Commission 20 March 2017 BACKGROUND/J USTI FICATION: Guardian Angels has submitted plans for development of a 142 dwelling unit senior housing facility on Lot 1, Block 1 and Outlot A, Otsego Waterfront East 3`d Addition. The subject site is located north of 90th Street and east of Quantrelle Avenue, east of TH 101. The subject site is zoned PUD, Planned Unit Development District in accordance with the ordinance approved by the City Council on 10 November 2003. The proposed development was previously reviewed as a concept plan by the Planning Commission at a public hearing held on 17 October 2016, and by the City Council at their meeting on 24 October 2016. The proposed development requires application for approval of a PUD District Amendment, PUD Development Stage Plan, final plat, and vacation of existing drainage and utility easements. The Planning Commission held a public hearing to consider the application on 20 March 2017. Ms. Andrea Duayne of Guardian Angels was present as the developer. There were no comments from the public. The Planning Commission had no concerns regarding the request and were very supporting of the proposed development as presented. The public hearing was closed and the Planning Commission voted 7-0 to recommend City Council approval of the conditional use permit. The City Council further negotiated with the developer terms for financial assistance for the development of Lot 1, Block 1 that include development of park facilities within Outlot A, Waterfront East as well as deeding to the City outlots for future commercial development. Findings of fact consistent with the recommendation and the concluded negotiations between the City Council and developer are attached. The City Attorney has drafted a development agreement for City Council approval that includes the stipulations recommended by the Planning Commission and negotiated by the City Council. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 20 July 2017 • Engineering Review dated March 27, 2017. • Findings of Fact and Decision • Ordinance 2017-09 • Resolution 2017-63 vacating drainage and utility easements • Development Agreement • Resolution 2017-64 approving a development agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2017-09 establishing a PUD District; approve a final plat for Guardian Angels Riverview Landing and a PUD Development Stage Plan for Lot 1, Block 1 Guardian Angels Riverview Landing subject to the conditions as outlined in the Findings of Fact and Decision as presented; adopt Resolution 2017-63 vacating existing drainage and utility easements; and, adopt Resolution 2017-64 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: NA TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC(o Plan ningCo.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: D. Daniel Licht, AICP RE: Otsego — WFE; Guardian Angels Riverview Landing DATE: 20 July 2017 TPC FILE: 101.02 BACKGROUND Guardian Angels has submitted plans for development of a 142 dwelling unit senior housing facility on Lot 1, Block 1 and Outlot A, Otsego Waterfront East 3rd Addition. The subject site is located north of 90th Street and east of Quantrelle Avenue, east of TH 101. The subject site is zoned PUD, Planned Unit Development District in accordance with the ordinance approved by the City Council on 10 November 2003. The proposed development was previously reviewed as a concept plan by the Planning Commission at a public hearing held on 17 October 2016 and by the City Council at their meeting on 24 October 2016. The proposed development requires application for approval of a PUD Development Stage Plan, final plat, and vacation of existing drainage and utility easements. A public hearing to consider the current applications was held at the Planning Commission meeting on 20 March 2017 at 7:OOPM. The developer submitted revised plans for the project based on recommendations of City staff and the Planning Commission recommendations, and discussions with the City Council related to the concurrent request for financial assistance. Exhibits: A. Site Location B. Building elevations dated 03-30-17 (2 sheets) C. Building floor plans dated 03-30-17 (5 sheets) C. Site Plans dated 07-12-17 (2 sheets) D. Final Plat ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial uses as part of the City's primary commercial area surrounding the TH 101 and CSAH 39 interchange. Development of senior housing within the Twin Cities Metropolitan Area has been expanding since the Great Recession and communities have made allowances for such uses either within or directly adjacent to commercial areas. The more compact living space required by independent seniors and more institutional character of assisted or memory care services is generally compatible with the activity level within commercial areas. This activity level is attractive for senior housing for homebound residents to enjoy the views from their homes. Independent residents provide in-place market support for nearby businesses, such as restaurants, retail stores, and offices. The 2012 Comprehensive Plan identifies a need to expand housing choice within Otsego specifically to include options for seniors, which the City Council also identified as a high priority economic development goal as well. The subject site is adjacent to a developed City park that will provide a great amenity to the proposed development and increase use of the City facility. The Planning Commission and City Council indicated support for development of the proposed senior housing use of the subject site as being consistent with the goals and policies of the Comprehensive Plan in review of the concept plan. Zoning. The subject site is zoned PUD District. The PUD District allows those uses as provided for within the B-3, General Business District, which includes retail sales, services, and office uses. In addition to the uses of the B-3 District specified in the initial rezoning of the subject site, any use allowed within any zoning district in the City may be developed within a PUD District subject to approval of a PUD Development Stage Plan. This includes the mixing of both commercial and residential uses such as senior housing. Senior housing is an allowed use within the R-7, High Density Residential District and, therefore, may be allowed to develop on the subject site upon approval of a PUD Development Stage Plan. In addition to the individual dwelling units, the proposed facility includes indoor parking, food services and common dining facilities, a theater, lounge, screened porches for individual units and common spaces, outdoor seating areas for residents generally and a memory care courtyard, and administration spaces. Surrounding Land Uses. The table below summarizes the existing and planned land uses adjacent to the subject site. As noted above, senior housing facilities have been found to be appropriate land uses in high activity areas compatible with and beneficial to surrounding commercial uses. Direction Land Use Plan Zoning Map Existing Use North -- -- TH 101/Mississippi River East Park PUD District City park South Commercial PUD District Multiple tenant retail/service/office West Commercial PUD District Medical office Undeveloped I Lot Requirements. Senior housing developed under R-7 District requirements must provide a minimum lot area of 40,000 square feet and minimum lot area per dwelling unit of 1,000 square feet per unit. Lot 1, Block 1 is 5.25 acres or 228,592 square feet in area. The 1,000 square foot per dwelling unit requirement is only applied to independent or assisted living dwelling units with memory care not subject to a lot area standard. The area of the subject site exceeds the minimum lot area requirement and there is 1,814 square feet of lot area per independent or assisted living dwelling unit available exceeding the requirements for senior housing. Setbacks. The PUD District for Otsego Waterfront East requires a 30 foot setback from Quantrelle Avenue and 10 foot setback from side or rear lot lines unless reduced setbacks are approved as part of a PUD Development Stage Plan. The site plan for the proposed principal building exceeds the minimum setback requirements of the PUD District from Quantrelle Avenue and the internal lot lines. Building Height. There is no maximum building height established for the PUD District. Principal buildings within the B-3 District are limited to three stories. The proposed principal building is to be a four story structure with indoor parking, common areas, and residential suites on the first floor, and independent, assisted and memory care living suites on the upper three floors. The height of the building is 42 feet from the base to the midpoint of the pitched roof as defined by the Zoning Ordinance. The height of the proposed building is appropriate for the subject site given the commercial character of surrounding uses and the park to the east, creating separation from other uses, minimizing impervious surface, and maximizing construction efficiency. Building Materials. Section 20-17-4.G.2 of the Zoning Ordinance establishes exterior material requirements for multiple family uses that would be applicable to the proposed development. The exterior finish of the proposed principal building will be required to have a minimum of 50 percent of the combined area of all elevations of a principal building shall have an exterior finish of brick, brick CMU, stucco and/or natural or artificial stone and except for brick, brick CMU, stucco, natural or artificial stone, rock face block, or cement or wood fiber board, no single elevation shall have more than 25 percent of one type of exterior finish. Building plans for each elevation have been submitted indicating use of face brick, manufactured stone, and lap siding. The elevation plans must be revised to identify the percentage of materials used on each elevation demonstrating compliance with the Zoning Ordinance requirements. Floor Area Per Unit. Section 20-17-6.0 of the Zoning Ordinance establishes minimum floor area per unit requirements for senior housing of 440 square feet for efficiency units and 560 square feet for one bedroom (or larger) units. The minimum floor area requirement is typically only applied to independent or assisted living dwelling units. The memory care suites are to be 320 square feet in area. For independent and assisted living units, the floor areas range from 473 square feet for a studio unit up to 1,197 square feet for a two bedroom suite. All of the assisted or independent living suites exceed the minimum floor area requirements established by the Zoning Ordinance. 3 Landscaping. Section 20-19-2.13 requires installation of landscaping within subject site as part of a PUD Development Stage Plan. The submitted landscape plan generally covers the interior of the site and building foundation. The plantings shown on the landscape plan are appropriate for the subject site and comply with the size requirements established by Section 20-19-2. The landscaping plan will also need to be revised to provide for plantings, turf, and irrigation of the portion of Outlot A, Waterfront East abutting the subject site consistent with the City's landscape plan for the park property. The landscaping plan should also be revised to incorporate landscaping for screening the subject site from future development of Outlots C and D. Access. The site plan proposes two accesses to Quantrelle Avenue, the south access aligned with the use to the west and one from the cul-de-sac. The trail extending around the north, east and south sides of the building is to be constructed to provide for emergency vehicle access, which is subject to review and approval of the City Engineer and Elk River Fire Department. Concrete sidewalks must be extended along one side of the south driveway out to Quantrelle Avenue and along the north side of the north driveway to Quantrelle Avenue to provide pedestrian access adjacent to the driveways. The south lot line of the subject site abuts the developed multiple tenant commercial use to the south. The original plan for Otsego Waterfront East is that access to the subject site would be shared with the abutting property via the driveway to Quantrelle Avenue that has been partially constructed. The site plan provides for completion of this access and drive aisle to a full 24 foot width, although there will be no access to the subject site from this driveway. The site plan provides for a sidewalk along the north side of the drive aisle that must be extended out to intersect Quantrelle Avenue as noted above. Off -Street Parking. Section 20-21-9.E of the Zoning Ordinance requires senior housing uses to provide one off-street parking stall per two dwelling units with proof -of -parking for one parking stall per dwelling unit. The Institute of Transportation Engineer's 3`d Edition Parking Generation Manual outlines the following off-street parking recommendations for senior housing uses: Type ZO/ITE Land Use Category Recommended Parking Ratio Stalls/Unit Riverview Landing DU Parking Stalls Zoning Ordinance Senior Housing 1.00 140 140 ITE Recommendations Independent 252 0.50 126 63 Assisted Living 254 0.36 - - - - Memory Care 254 0.36 16 6 TOTAL 69 11 The site plan and building plans provide 160 parking stalls, including 45 indoor parking stalls on the first floor of the principal building. The dimensions and construction of the off-street parking area and stalls comply with the requirements of Section 20-21-4.1-1 of the Zoning Ordinance. Exterior lighting. The submitted plans do not include details regarding exterior lighting. The developer must submit a photometric lighting plan indicating the location of all exterior light fixtures and illustrating the intensity of the lighting upon the site. All exterior lighting must comply with Section 20-16-6 of the Zoning Ordinance. Signs. The concept plan does not identify any freestanding or wall signs for the proposed use. Any signs that are to be located upon the subject site must be identified as part of the PUD Development Stage Plan and be consistent with the allowances for the Otsego Waterfront East PUD District. Park Dedication. Park dedication requirements for a commercial use of the subject site were satisfied by dedication of Outlot A, Otsego Waterfront East to the City, which has been developed as a community park and regional stormwater basin. The developer will be required to provide pedestrian access to Outlot A along the south lot line of the subject site and from the north terminus of Quantrelle Avenue to the north portion of Outlot A as part of the PUD Development Stage Plan. The developer has submitted a plan for improvements to the City park that are to be undertaken at the developers cost, including a pedestrian crossing of the stormwater basin and improved amenities on the river -side of the park. Community Amenities. The proposed building includes a community wing that has a wellness room, community room, and aquatic therapy pool. The development agreement provides for City access of the community amenities for up to 10 hours per month to be programmed by the Parks and Recreation Department and access for Otsego residents to in-house programing of the facilities the same as residents of the senior housing building. Scheduling will be priorities first for residents of the senior housing building, then the City, then any third -party groups or organizations as the developer chooses. City use of the facilities will be subject to a second, more detailed agreement between the City and property owner. Utilities. Sanitary sewer and water utilities are available to the subject site and were constructed through the site to serve developed properties to the south. The developer will be required to pay utility availability charges at the time of final plat approval for Lot 1, Block 1 in accordance with Section 6, Chapter 1 of the City Code on an area basis for multiple family uses. Utility connection charges at the time of issuance of a building permit. The number of Residential Equivalent Connection (RECs) charges for the proposed use as outlined in the development agreement for the utility connection charges were determined by City staff based on information provided by the developer for their other facilities. Grading. The developer has submitted a grading plan with the PUD Development Stage Plan application. Portions of the subject site are within the 100 -year floodplain of the Mississippi E River and fill will be required to elevate the principal building. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. Easements. The subject site will be replatted to provide for lots and outlots based on the site plan for the proposed development. There are existing utility connection points that were constructed with the initial development of Waterfront East that may be removed to accommodate the location of the proposed principal building. Removal of these utility sections will include vacation of the overlying drainage and utility easements. Replatting Lot 1, Block 1 Waterfront East 3r1 Addition will also include vacation of existing drainage and utility easements within that lot. The final plat must provide for for dedication of drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance at the full perimeter of the lot, as well as over public utilities, public storm water basins, or any wetlands within the subject site. The dedication of the drainage and utility easements with the final plat mean that the existing easements proposed to be vacated no longer serve a public purpose. All drainage and utility easements are subject to review and approval of the City Engineer. outlots. The final plat includes the following outlots, their purpose, and intended ownership upon approval of the final plat and execution of the development agreement. Outlot Purpose Ownership A Park Deed to City B Stormwater basin Deed to City C Future commercial Deed to City D Future commercial Deed to City E Stormwater basin Deed to City F Future senior housing Developer Development Agreement. The developer is required to enter into a development agreement with the City upon approval of the final plat providing for all required securities, fees, and other conditions of approval related to improvements, use of community facilities, and deeding Outlots C and D to the City for future development. The City Attorney has drafted the development agreement and it is subject to City Council approval. RECOMMENDATION The proposed Guardian Angels Riverview Landing provides for development of a senior housing facility and future senior housing campus meeting the housing needs and economic development goals of the City. Guardian Angels Riverview Landing will be a signature development within Otsego compatible with and complementing the existing and planned uses within Otsego Waterfront East and the City's community park. City staff recommends approval of the PUD Development Stage Plan and final plat for the proposed development as outlined in the motion below. 0 POSSIBLE ACTIONS A. Motion to approve a PUD Ordinance, PUD Development Stage Plan, final plat, and vacation of drainage and utility easements for Guardian Angels Riverview Landing, subject to the following stipulations: The exterior materials for the proposed principal building shall comply with Section 20-17-4.G.2 of the Zoning Ordinance. 2. The landscape plan shall be revised, subject to review and approval of City staff, to: a. Provide for installation of plantings, turf, and irrigation within Outlot A consistent with the City's landscape plan. b. Provide for plantings within Lot 1, Block 1 to screen the subject site from future development of commercial uses on adjacent lots. C. Install irrigation as required by Section 5-7-3.B.4.b of the City Code within all turf areas of the Lot 1, Block 1. 5. Concrete sidewalks five feet in width shall be extended along one side of all driveways accessing Quantrelle Avenue, subject to review and approval of City staff. 6. The driveway and sidewalk along the south lot line shall be overlaid by easement allowing ingress/egress and pedestrian access for the abutting lot to the south and the public. 7. The developer shall submit a photometric lighting plan detailing the type, location, height, and intensity of all exterior lighting subject to compliance with Section 20-16-6 of the Zoning Ordinance. The developer shall complete all improvements as shown on the Site Plan Public Amenities sheet at their cost in accordance with the terms of the development agreement; said plan is subject to review by City staff and the Parks and Recreation Commission and approval of the City Council. 9. The developer shall provide for City use of the community amenities identified on the submitted plans in accordance with the terms of the development agreement. 10. The developer shall pay utility availability charges at the time of final plat approval in accordance with Chapter 6, Section 1 of the City Code; Utility 7 connection charges shall be paid by the developer at the time the building permit is issued as calculated in the development agreement; all utility issues are subject to review and approval of the City Engineer. 11. All grading, drainage and erosion control issues are subject to review and approval of the City Engineer. 12. All easements are subject to review and approval of the City Engineer. 13. Outlots A, B, C, D, and E shall be deeded to the City. 14. Future development of any outlots platted with the preliminary plat and PUD Development Stage Plan shall be subject to the provisions of the Guardian Angels Riverview Landing PUD District and require separate application for PUD Development Stage Plan approval. 15. The developer shall execute a development agreement as drafted by the City Attorney, subject to review and approval of the City Council. B. Motion to deny the application based on a finding that the request is not consistent with the 2012 Comprehensive Plan and Otsego Waterfront East PUD District. C. Motion to table. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Ross Demant, Parks and Recreation Director Dan Dixon, Guardian Angels Marty Campion, Campion Engineering Services, Inc. Overview Legend Roads — CSAHCL — CTYCL — MUNICL PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑ c ❑ t Parcels ffill Ifl! 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N QJo� = wm i o - m O 0 o00 z a W H N I WsF W t= z W z Q aJ Lm (n a c c/� ca 3 Z -v s co o2 a a�w ws H W t= z W z Q aJ Lm (n a }� a &� � §!a \/ \ ( ( //~ §22 � !!Z ƒ ;•F ƒ 44! \ ,! § f W � . . � Cf) 14 z ; � - { - � _- A 2/ } \ _ _ \ - } :- Z \ .n j I / K G So - 4K/ _ BE ) 9 \§ §\ )§ Review No. 2 Hakanson 1--jilAnderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, Interim City Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Dan Dixon, Guardian Angels Senior Services Ron Touchette, Rock Solid Companies Marty Campion, P.E. Campion Engineering Services, LLC Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: March 27, 2017 Proposed Development: Guardian Angels Riverview Landing Street Location A portion of Section SE 1/4 of Section 14, T121, R23 East of Of Property: State Hwy 101, North of 90th Street Applicant: Dan Dixon Developer: 521 Land Company, LLC — a Guardian Angels of ER entity 506 Freeport Avenue NW Suite A Elk River, MN 55330 Owners of Record: 521 Land Company, LLC Purpose: Guardian Angels Riverview Landing is a proposed senior housing development within the Otsego Waterfront East aid Addition in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public and private streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) • Minnesota Pollution Control Agency (sanitary sewer), and Wright County TABLE OF CONTENTS INFORMATION AVAILIBLE EASEMENT VACATION FINAL PLAT CONSTRUCTION PLANS TITLE SHEET STREET PLAN SANITARY SEWER AND WATERMAIN PLAN STORM SEWER PLANS GRADING PLANS EROSION CONTROL PLANS CONSTRUCTION DETAILS STORM SEWER DESIGN/HYDROLOGY WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\Municipal\Aotsego23xx12335\OT2335RV W2.docx INFORMATION AVAILABLE Construction and Grading Plans for Guardian Angels Riverview Landing, dated 3/7/17, by Campion Engineering Services, Inc. Easement Vacation for Outlot A, Otsego Waterfront East Yd Addition, dated 3/17/17, by Pellinen Land Surveying, Inc. Final Plat for Guardian Angels Riverview Landing, received 3/15/17, by Pellinen Land Surveying, Inc. Storm Sewer Design Calculations for Guardian Angels Riverview Landing, dated 3/17/17, by Campion Engineering Services, Inc. Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\Municipal\Aotsego23xx\2335kOT2335RVV\12.docx EASEMENT VACATION 1. No comments. FINAL PLAT 2. The vacated easement still shows up on Final Plat and on many sheets in the construction plans. 3. A 10' wide easement is required around the rear and side lot lines of Lot 1, Block 1. 4. Separate document to be filed prior to final plat for ingress/egress for Lot 1, Block 1 Otsego Waterfront East 5th Addition along the Guardian Angels Riverview Landing Block 1, Lot 1 eastern property line. 5. Show the easement lines on the utility plan sheets. Verify that all existing utilities are covered by 20' wide, minimum, easements. CONSTRUCTION PLANS Title Sheet (Sheet Cl) 6. A benchmark and datum shall be provided on the cover sheet. The datum shall be 1929 NGVD. Sheet C2 has both 1929 and 1988 datums referenced. Existing Conditions (Sheet C2) 7. The existing watermain is difficult to see (lighter than the storm sewer). The type and size of all pipe shall be labeled as well. It is difficult to read the boundary lines information (include bearings, distances, curve data) along Hwy 101 and along Quantrelle Avenue. 9. Total acreage of proposed plat shall be clearly indicated. 10. Existing zoning classifications for land in and abutting the subdivision. 11. Location, size, and elevations of existing sewers, watermain, culverts, and other underground facilities within 150'. 12. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership within 150'. 13. Label the 100 -yr HWL of the adjacent pond and Mississippi River. Removal Plan (Sheet C3) 14. It is unclear what the dark hatching is indicating along the south property line PAGE 4 S:\Municipal\Aotsego23xx\2335\OT2336RVW2.docx 15. We recommend turning off the survey information (curves, bearing and distances) along all the easements and property lines to remove some clutter. Civil Site Plans (Sheet C4) 16. We recommend turning off the survey information (curves, bearing and distances) along all the easements and property lines to remove clutter. 17. The plans have a heavy duty and light duty pavement section in the details but the plans do not indicate where these sections are to be used. Also, we recommend providing a typical section for the concrete sidewalk. 18. We recommend calling out the modified "Keyed" curb on the plan sheet (already part of the details). 19. Label the NWL, 2 -yr, 10 -yr, and 100 -yr HWL elevations for each storm basin. 20. Knock down barriers and signage at emergency drive entries shall be provided. Sanitary Sewer and Watermain Plan (Sheet C5) 21. There is insufficient hydrant coverage. A minimum hydrant spacing of 300' is required. 22. The method for connecting to existing 12" DIP watermain shall be called out (i.e. wet tapping, cutting in a tee,...). 23. MH1 shall have a minimum 0.1' drop from upstream invert to downstream invert. 24. The 6" sanitary sewer service invert and pipe grade do not agree with the MH2 inverts (pipe ends up higher than the upstream manhole). 25. Label the proposed or existing inverts/top of all pipe at crossings. 26. The note indicating that the watermain shall be lowered as necessary (near MM2). This is an existing watermain placed at minimum depth and it appears that there will be a conflict with the sanitary sewer service. Lowering the existing watermain will require the entire existing watermain (from isolation valve to isolation valve) to be retested upon completion. Storm Sewer (Sheet C6) 27. We recommend turning off the survey information (curves, bearing and distances) along all the easements and property lines to remove clutter. 28. Label the Type/Class of pipe of all pipe. 29. Label the NWL, 2 -yr, 10 -yr, and 100 -yr 14WL elevations for each storm basin. 30. Show the easement lines on the utility plan sheets. Verify that all existing utilities are covered by 20' wide, minimum, easements. PAGE 5 S:\Municipal\Aotsego23xx\2335\OT2335RVW2.doex Grading Plans (Sheet C7) 31. Label the NWL, 2 -yr, 10 -yr, and 100 -yr HWL elevations for each storm basin and NWL and 100 -yr HWL for the regional pond and the Mississippi River. 32. Label the emergency overflows (EOFs) for the storm water basins. 33. Concentrated flow across the path near the regional pond is not allowed. The 2 small basins and the swale near the east property line discharging across the trail. Culverts or storm sewer is needed to get the water across the trail. All discharge points shall have articulated concrete block from the end of the pipes down to the NWL. 34. Please label the floor elevation for the north wing of the building. According to the grading it appears that this is higher than the 865 elevation shown in the middle of the building. Label garage floor elevation and lowest opening elevations as well. Erosion Control Plan (Sheet 19-21) 35. A concrete washout location shall be shown on the plans. Construction Details (Sheet 22-25) 36. The MnDOT Pedestrian Ramp detail on sheet C11 cannot be read. STORM SEWER DESIGN/HYDROLOGY 37. Storm sewer design and hydrology is still under review, any additional comments will follow. WETLANDS 38. N/A SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 6 S.\Municipal Wotsego23xx\2335\OT2335RV W2.docx P OtCI�egoF MINNESOTA APPLICANT: 521 Land Company LLC 07-12-17 FINDINGS & DECISION PUD DISTRICT/ PUD DEVELOPMENT STAGE PLAN/ PRELIMINARY AND FINAL PLAT APPLICATION: Request for approval of a PUD District, PUD Development Stage Plan, and Final Plat for development of Guardian Angels Riverview Landing. CITY COUNCIL MEETING: 24 July 2017 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The property is legally described as Outlot A, Otsego Waterfront East 3`d Addition; Lot 1, Block 1, Otsego Waterfront East 3rd Addition, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sewer Service District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District in accordance with the ordinance adopted by the City Council on 10 November 2003. D. The applicant has submitted plans application for amendment of the PUD District, a PUD Development Stage Plan for Lot 1, Block 1 for development of senior housing facilities, and final plat. E. The Planning Commission and City Council must take into consideration the possible effects of the PUD District amendment and PUD Development Stage Plan with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan identifies a need to expand housing choice within Otsego specifically to include options for seniors, which the City Council also identified as a high priority economic development goal as well. The subject site is adjacent to a developed City park that will provide a great amenity to the proposed development and increase use of the City facility. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the existing and planned commercial land uses. The proposed uses will complement and be consistent with the character of the area being developed as Waterfront East. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed development will comply with the requirements established as the Guardian Angels PUD District, the Zoning Ordinance and Subdivision Ordinance unless modified by approval of a PUD Development Stage Plan. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is served by Quantrelle Avenue and 90th Street, which were have capacity to support traffic generated by the proposed development. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is located within the East Sewer District and consistent with the Comprehensive Plan for anticipated urban development with adequate public service capacity to support the proposed land uses. F. The planning reports dated 16 March 2017 and 20 July 2017 prepared by the City Planner, The Planning Company LLC., are incorporated herein. G. The engineering review dated March 27, 2017 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission held a public hearing at their regular meeting on 20 March 2017 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: The exterior materials for the proposed principal building shall comply with Section 20-17- 4.G.2 of the Zoning Ordinance. 2. The landscape plan shall be revised, subject to review and approval of City staff, to: a. Provide for installation of plantings, turf, and irrigation within Outlot A consistent with the City's landscape plan. b. Provide for plantings within Lot 1, Block 1 to screen the subject site from future development of commercial uses on adjacent lots. C. Install irrigation as required by Section 5-7-3.B.4.b of the City Code within all turf areas of the Lot 1, Block 1. 3. Concrete sidewalks five feet in width shall be extended along one side of all driveways accessing Quantrelle Avenue, subject to review and approval of City staff. 4.. The driveway and sidewalk along the south lot line shall be overlaid by easement allowing ingress/egress and pedestrian access for the abutting lot to the south and the public. 5. The developer shall submit a photometric lighting plan detailing the type, location, height, and intensity of all exterior lighting subject to compliance with Section 20-16-6 of the Zoning Ordinance. 6. The developer shall complete all improvements as shown on the Site Plan Public Amenities sheet at their cost in accordance with the terms of the development agreement; said plan is subject to review by City staff and the Parks and Recreation Commission and approval of the City Council. 7. The developer shall provide for City use of the community amenities identified on the submitted plans in accordance with the terms of the development agreement. The developer shall pay utility availability and connection charges in accordance with Chapter 6, Section 1 of the City Code; all utility issues are subject to review and approval of the City Engineer. 9. All grading, drainage and erosion control issues are subject to review and approval of the City Engineer. 10. All easements are subject to review and approval of the City Engineer. 11. Outlots A, B, C, D, and E shall be deeded to the City. 12. Future development of any outlots platted with the preliminary plat and PUD Development Stage Plan shall be subject to the provisions of the Guardian Angels Riverview Landing PUD District and require separate application for PUD Development Stage Plan approval. 13. The developer shall execute a development agreement as drafted by the City Attorney, subject to review and approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 24th day of July, 2017. CITY OF OTSEGO By: Vern Heidner, Acting Mayor Attest: Tami Loff, City Clerk ORDINANCE NO.: 2017-09 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR GUARDIAN ANGELS RIVERVIEW LANDING. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Legal Description. The legal description of the Property included in the PUD District is Outlot A, Otsego Waterfront East 3`d Addition; Lot 1, Block 1, Otsego Waterfront East 3rd Addition, City of Otsego, County of Wright, State of Minnesota. Section 2. Amendment. The property is zoned PUD, Planned Unit Development District in accordance with Ordinance 2003-30 approved by the City Council on 10 November 2003. Ordinance 2003-30 as it applies to the Property is hereby repealed in its entirely, with the property henceforth governed subject to the terms and conditions set forth herein. Section 3. Guardian Angels River View Landing PUD District. Any allowed uses and standards not specifically addressed by the PUD District established by the Ordinance shall be subject to the requirements set forth by the Otsego Zoning Ordinance understanding that subsequent, more specifically detailed, PUD Development Stage Plans may seek modification of the standards and requirements established by the Zoning Ordinance by City Council approval provided that the proposed flexibility is shown to be consistent with the goals and objectives of the City of Otsego Comprehensive Plan and complies with the fundamental principals for the requirements established by the Zoning Ordinance, even without their strict application. Section 4. Allowed Uses. The allowed uses within this PUD District shall include the following base entitlements shall be allowed within this sub- district subject to approval of a Development Stage Plan in accordance with the Zoning Ordinance: A. Commercial. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the B-3, General District as set forth by the Zoning Ordinance. 1 B. Senior Housing. Senior housing as defined by the Zoning Ordinance, including related permitted accessory uses and uses allowed by administrative permit, within the R-7, High Density Residential District as set forth by the Zoning Ordinance. Section 5. Lot Requirements. Lot requirements for the various sub - districts of this PUD District shall be as established follows: A. Minimum Lot Area: 1. Commercial: None 2. Senior Housing: 1,OOOsf per dwelling unit not including memory care suites B. Lot Width: None C. Principal and Accessory Building Setbacks: 1. TH 101: None 2. Quantrelle Avenue: 30 feet 2. Side yards: None 3. Rear yards: None Section 6. Construction Standards and Building Height. The construction of structures within this PUD District shall conform to the requirements of the Zoning Ordinance for uses within the B-3 District, unless modified by approval of a Development Stage Plan in accordance with the Zoning Ordinance. Section 7. Off -Street Parking and Loading. Off-street parking and loading areas for uses within the PUD District shall conform to the requirements of the Zoning Ordinance, unless modified by approval of a Development Stage Plan in accordance with the Zoning Ordinance. Section 8. Utilities. All development within this PUD District shall be connected to municipal sanitary sewer and water utilities in accordance with the City Code. I Section 9. Future Phases and Amendments. Approval of PUD Development Stage Plans, modifications of the performance standards established by this PUD District and the inclusion of additional lands within this PUD District shall be processed in accordance with requirements of the Zoning Ordinance. Section 10. Zoning Map. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid amendment, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 11. Effective Date. This Ordinance shall be effective upon its passage and publication in accordance with State Statute. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 24th day of July, 2017. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO 91 Vern Heidner, Acting Mayor RESOLUTION NO.: 2017 - 63 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS. WHEREAS, drainage and utility easements were dedicated with the final plats of Otsego Waterfront East and Otsego Waterfront East 3rd Addition; and, WHEREAS, 521 Land Corporation, LLC has received approval to final plat Guardian Angels Riverview Landing; and, WHEREAS, the final plat of Guardian Angels is partially encumbered by the drainage and utility easement described by Exhibit A; and, WHEREAS, 521 Land Corporation, LLC has applied for vacation of the temporary drainage and utility easement dedicated; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 20 March 2017 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Commission heard all parties interested therein and closed the public hearing; and, based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request, and, WHEREAS, the drainage and utility easements described by Exhibit A serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating a portion of the existing drainage and utility easement as shown on Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 24th day of July, 2017. CITY OF OTSEGO Vern Heidner, Acting Mayor ATTEST: Tami Loff, City Clerk DEVELOPMENT AGREEMENT GUARDIAN ANGELS RIVERVIEW LANDING - LOT 1, BLOCK 1 THIS AGREEMENT, entered into this day of July, 2017 by and between the CITY OF OTSEGO, a Minnesota municipal corporation (the "CITY") and Riverview Landing, Inc., a Minnesota nonprofit corporation (the "DEVELOPER") RECITALS WHEREAS, the DEVELOPER has proposed construction of facilities to be constructed on the following parcel of land in the CITY to be acquired by the DEVELOPER from its affiliate, 521 Land Company, LLC, which land measures approximately 5.25 acres and is legally described and newly consolidated as: LOT 1, BLOCK 1, GUARDIAN ANGELS RIVERVIEW LANDING according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota ("LOT 1"); and WHEREAS, LOT 1 is proposed for development of senior housing and other related improvements; and WHEREAS, the final plat of LOT 1 (the "Final Plat") and the facilities and other related improvements to be constructed by the DEVELOPER on LOT 1 (the "Private Improvements") are subject to a Planned Unit Development District (the "PUD") by Ordinance adopted by the City Council of the CITY on November 10, 2013 and a PUD Development Stage Plan for GUARDIAN ANGELS RIVERVIEW LANDING approved on July 24 , 2017 (the "PUD Development Stage Plan"); and WHEREAS, the PUD Development Stage Plan requires that the DEVELOPER enter into a Development Agreement with the CITY as a condition of approval; and WHEREAS, the Private Improvements on LOT 1 shall be constructed, maintained and operated by the DEVELOPER in accordance with the PUD and the PUD Development Stage Plan and the terms and conditions contained herein; NOW THEREFORE, in consideration of the premises and the mutual promises hereinafter contained, it is agreed between the parties as follows: 1489316.2 1. Development Plans. The Private Improvements shall be developed by the DEVELOPER on LOT 1 in accordance with the plans the cover sheet of which is attached to this Agreement as Exhibit A dated , 2017 and signed by the City Engineer on file and of record at the CITY and herein fully incorporated herein by reference and the conditions stated below (hereinafter the "PUD Final Plans"). If the PUD Final Plans vary from the written terms of this Agreement, the PUD Final Plans shall control. The Private Improvements shall be substantially completed by December 31, 2018, except for force majeure or unanticipated delays outside of control of the DEVELOPER. 2. Municipal Improvements. The PUD Final Plans include certain municipal improvements as set forth on the attached Exhibit B (the "Municipal Improvements"). 3. Private Improvements. The DEVELOPER agrees that it shall cause the Private Improvements to be constructed and installed on LOT 1. All Private Improvements are to be installed at the DEVELOPER'S sole cost and expense pursuant to this Agreement. The Private Improvements shall include those improvements shown on the PUD Final Plans. The DEVELOPER shall construct the Private Improvements in accordance with all applicable building codes, ordinances and CITY standards and the PUD Final Plans furnished to the CITY and approved by the City Engineer. The DEVELOPER shall obtain all necessary permits before construction of the Private Improvements. The CITY shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. Within thirty (30) days after the completion of the Private Improvements and before any security is released, the DEVELOPER shall supply the CITY with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with CITY standards. 4. Grading, Landscaping and Drainage. The DEVELOPER shall be responsible for grading, landscaping and storm water management on LOT 1 as more fully set forth in this Agreement and in the PUD Final Plans. A. Landscaping. The DEVELOPER shall maintain the sod and landscape of boulevard areas adjacent to LOT 1 as shown in the PUD Final Plans through at least one growing season and to the satisfaction of the CITY. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of the DEVELOPER. Further, the DEVELOPER shall be responsible for mowing, elimination of weeds and removal of any garbage or debris on LOT 1 and on the following additional land: OUTLOT A, OTSEGO WATERFRONT EAST, WRIGHT COUNTY, MINNESOTA ("OUTLOT A") and OUTLOT F, GUARDIAN 2 1489316.2 ANGELS RIVERVIEW LANDING, WRIGHT COUNTY, MINNESOTA. B. Erosion Control. The erosion control plan for LOT 1 within the PUD Final Plans has been reviewed and approved by the CITY and shall be implemented by the DEVELOPER prior to grading of LOT 1. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after completion of work in that area. If the DEVELOPER does not comply with the erosion control plan and schedule or any applicable erosion control requirements, the CITY may, after reasonable notice, take action as it deems appropriate in accordance with all applicable laws, ordinances or regulations or according to this Agreement. C. Grading Plan. Grading of LOT 1 by the DEVELOPER shall be in accordance with the approved grading plan as provided in the PUD Final Plans. 5. Pre -Construction Activity. The DEVELOPER shall schedule a pre - construction meeting with the CITY to review the proposed schedule for grading and construction of the Private Improvements, as set forth on the PUD Final Plans, and to coordinate the schedule with the City Engineer. 6. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements on LOT 1, OUTLOT A and OUTLOT F shall become CITY property without further notice or action. 7. Clean Up. The DEVELOPER shall promptly clean any and all dirt and debris from streets resulting from construction work by the DEVELOPER, its agents or assigns during the work and construction required by this Agreement. 8. Administrative Fee. A one-time fee for CITY administration of the development by the DEVELOPER under this Agreement is $1,500.00. 9. Park and Trail Dedication. Park and Trail dedication requirements for LOT 1 were satisfied with the final plat of OTSEGO WATERFRONT EAST. 10. Storm Water Fees, and Storm Water Basin. Storm water fees for LOT 1 were satisfied with the final plat of OTSEGO WATERFRONT EAST. 11. Sewer Availability Charges. The sewer availability charges for LOT 1 are as follows: 5.248 acres x 9 RECs per acre = 47.232 RECs at $2,382.00 per REC = $$112, 506.62. 3 1489316.2 12. Sewer Connection Fees.. The sewer connection fees for LOT 1 are as follows: thirty five (35) RECs at $7,147.00 per REC = $250,145.00. Sewer connection fees are to be paid upon issuance of a building permit for the Private Improvements. 13. Water Availability Charges. The water availability charges for LOT 1 are as follows: 5.248 acres x 9 RECs per acre= 47.232 RECs at $1,663.00 per REC = $78,546.82. 14. Water Connection Fees. The water connection fees for LOT 1 are as follows: thirty five (35) RECs at $1,663.00 per REC = $58,205.00. Water connection fees are to be paid upon issuance of a building permit for the Private Improvements. 15. Street and Traffic Control Sign Fees. No street and traffic control signs are required for the development project covered by this Agreement. 16. CITY Engineering, Engineering Administration, Construction Observation, and Legal Fee Escrow and City Fees. The DEVELOPER shall pay into escrow for the CITY'S engineering, engineering administration and construction observation services of Municipal Improvements as set forth on Exhibit B, following execution of this Agreement, the estimated amount set forth below. CITY engineering administration will include consultation with the DEVELOPER and its engineer on status or problems regarding the DEVELOPER's development project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for those services shall be the actual amounts billed to the CITY for those services, estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. The DEVELOPER shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of the Municipal Improvements and will be billed at hourly rates actually required for said inspection, estimated to be five percent (5%) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, the CITY will notify the DEVELOPER of anticipated cost overruns for engineering administration and observation services. The escrow and fee account shall include an estimated escrow for CITY engineering, engineering administration and construction observation limited to the Municipal Improvements expenses, and legal expenses and fees for CITY administrative, street and traffic control signs, water and sewer availability charges as follows: ESCROW AND FEES City Construction Administration and Inspection Escrow (estimated $$22,621.20 8% of $158,385.67(includes oversight of Park Improvements) actual billings to be paid) 0 1489316.2 Legal Fees (actual billings to be paid) City Administration Fees (flat fee) Street & traffic control sign Fees (0 at $250.00 per sign) Sewer Availability Charge Water Availability Charge GIS Data Entry Fee TOTAL $1,584.00 $1,500.00 $00.00 $112,506.62 $78,546.82 $575.00 $2179333.64 These escrow and fee amounts shall be submitted to the CITY upon execution of this Agreement by the DEVELOPER and the CITY. Any escrow amounts not utilized for legal and engineering charges incurred by the CITY under this Agreement shall be returned to the DEVELOPER when all improvements have been completed, all financial obligations to the CITY satisfied, and all required "as -built " plans have been received by the CITY. Engineering, planning and legal fees incurred by the CITY prior to the execution of this Agreement shall be deducted from the escrow already submitted with the Final Plat application or charged against the escrow herein established. All other amounts listed as one-time fees are non-refundable and available immediately for the CITY use when posted. 17. Security. To ensure compliance with the terms of this Agreement and construction of all Municipal Improvements by the DEVELOPER, the DEVELOPER shall furnish the CITY with a cash escrow or Irrevocable Standby Letter of Credit in the amount of $597,032.08(the "Security"), said amount calculated as follows: Site Grading, Erosion Control & Wetland Protection Sanitary Sewer- Lateral Watermain- Lateral & Trunk Storm Sewer- including construction of ponds Streets and trails 5 1489316.2 $27,300.00 $21,936.12 $94,883.00 $24,735.00 $16,831.55 Engineering & Surveying Construction Services $11,040.00 Landscaping and lighting $200,000.00 Park Improvements $80,900.00 - SUBTOTAL $477,625.67 TOTAL SECURITY ($477,625.67 x 125%) $597,032.08 The issuer and form of the Security (other than cash escrow) shall be subject to CITY approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Security shall be issued by a banking institution in good standing as determined by the CITY and approved by the City Administrator. Upon a default by the DEVELOPER and after notice and opportunity to cure, the CITY shall have the ability to draw on the Security by overnight courier delivery to the bank or branch bank issuing the Security. The Security shall be for a term ending December 31, 2018, or until the development project is substantially complete, and shall contain an automatic renewal provision. The CITY may draw down the Security for any violation of the terms of this Agreement after thirty (30) days' prior written notice and opportunity to cure by the DEVELOPER, or upon receiving notice of the pending expiration of the Security. It shall be the responsibility of the DEVELOPER to inform the CITY at least thirty (30) days prior to expiration of the Security of the impending expiration and the status of the development project relative to the Security and this Agreement. If, for whatever reason, the Security lapses prior to complete compliance with this Agreement, the DEVELOPER shall immediately provide the CITY with either an extension of the Security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the Security, the CITY may also draw down the Security. The CITY may draw down the Security for any violation of the terms of this Agreement (after thirty (30) days' prior written notice to the DEVELOPER and cure periods). If the Security is drawn down, the proceeds shall be used to cure any default. The CITY will, upon making determination of final costs to cure any default, refund to the DEVELOPER any monies which the CITY has in its possession which are in excess of the Security needed. Upon receipt of proof satisfactory to CITY that work has been completed and financial obligations to CITY have been satisfied, the Security will be reduced from time to time down to the amount of warranty security as set forth in paragraph 18 of this Agreement. Ce 1489316.2 The Security shall not be reduced below ten percent (10%) of the posted Security until all improvements, except landscaping, have been completed, all financial obligations to the CITY satisfied (which includes posting of warranty security), and required "as built" plans have been received by the CITY. The intent of this Agreement is that the CITY shall have access to sufficient Security, either security or warranty security, to complete the development project and insure warranty on all Municipal Improvements. The Security shall be submitted to the CITY prior to execution of this Agreement. 18. Warranty. The DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY. The amount of posted Security for required improvements to be posted by the DEVELOPER shall be in the amount of $25,098.00. The amount has been determined by the City Engineer and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in the Municipal Improvements. 19. Conveyance of Outlots to City. The DEVELOPER shall convey to the CITY by Limited Warranty Deed OUTLOTS A, B, C and D, GUARDIAN ANGELS RIVERVIEW LANDING free and clear of any encumbrances. The conveyance shall be made at the time the Final Plat is recorded and shall be subject to those use restrictions set forth on Exhibit C attached to this Agreement. 20. City and Developer Construction of Park Improvements. In conjunction with and concurrently with the DEVELOPER'S construction of the Private Improvements, the DEVELOPER shall construct certain park improvements (the "Park Improvements") upon a portion of OUTLOT A, OTSEGO WATERFRONT EAST and on OUTLOTs A and F, GUARDIAN ANGELS RIVERVIEW LANDING. The Park Improvements shall include a crossing structure of the pond located on OUTLOT A OTSEGO WATERFRONT EAST, as approved by the City Engineer and as set forth on the attached Exhibit D, a Mississippi River viewing platform on the eastern side of OUTLOT A OTSEGO WATERFRONT EAST as approved by the City Engineer and as set forth on Exhibit D, and certain improvements on OUTLOT A and OUTLOT F, GUARDIAN ANGELS RIVERVIEW LANDING, including trails, hardscapes, landscaping, furniture, signs and lighting as preliminarily set forth on Exhibit D, further subject to preparation of plans and specifications approved by the City Engineer or other consultant retained by the CITY The written requirements set forth in this section govern over the exhibit which is merely a preliminary listing of contemplated improvements. All Park Improvements are subject to review by CITY Parks and Recreation Commission and approval by the City Council of the CITY. The DEVELOPER shall pay for all Park Improvements. Once the Park Improvements are completed to the satisfaction of the CITY, CITY staff and the City 7 1489316.2 Engineer shall reimburse the DEVELOPER. Reimbursement from the CITY will be available from conduit bond issuance fees received by the CITY in connection with the issuance of the Series 2013 revenue bonds for Evans Park, Inc. ($50,000.00), and the issuance of the Series 2017 revenue bonds for Riverview Landing, Inc. ($50,000.00). The total amount available for reimbursement ($100,000.00) will first be reduced by payment to the CITY in an amount later to be determined that will reimburse the CITY for loss of bank qualified interest on 2017 CITY general obligation bonds. The remaining available amount will be reimbursed to the DEVELOPER upon the DEVELOPER providing the CITY with paid invoices supporting the costs of the approved Park Improvements. The DEVELOPER shall coordinate with the CITY the DEVELOPER's construction activities on LOT 1 and construction of the Park Improvements on the above-mentioned OUTLOT A OTSEGO WATERFRONT EAST and OULOTS A and F, GUARDIAN ANGELS RIVERVIEW LANDING. 21. DEVELOPER Conveyance of Certain Easements to CITY. The DEVELOPER shall provide ingress and egress easements to the CITY, future lot owners and the public in general over those portions of LOT 1 and OUTLOT F, GUARDIAN ANGELS RIVERVIEW LANDING as set forth on the attached Exhibit E. Further, the DEVELOPER shall grant an easement for ingress and egress to the CITY and the public in general over, under and across those constructed trails and private driveways as set forth on attached Exhibit F. The CITY hereby grants the DEVELOPER a temporary easement over, under and across OUTLOT A, OTSEGO WATERFRONT EAST and right of entry in order to construct the Park Improvements upon OUTLOT A, OTSEGO WATERFRONT EAST. 22. CITY Use of Private Improvements. The DEVELOPER agrees to make common area portions of the Private Improvements, including, River Commons Community Building ("Common Facilities") available for use as follows: A. First priority for use of the Common Facilities shall be for residents of the Private Improvements on LOT 1 (and future phases of development within Outlot F). B. The DEVELOPER shall make program development at the Common Facilities available to Otsego residents subject to the same privileges as residents of the Private Improvements on LOT 1 (and on future phases of development within Outlot F) as it relates to scheduling, requirements of participation, and fees. C. The DEVELOPER shall provide for CITY use of the Common Facilities without charge for a minimum of ten (10) hours per calendar month, subject to a separate written agreement with the CITY setting forth the specifics of CITY use of the Common Facilities, including provisions that scheduling priorities will be �'J 1489316.2 given to residents of the Private Improvements on LOT 1 (and future phases of development within Outlot F), then to the CITY. D. If the CITY does not schedule use of its allotted hours for the Common Facilities during a calendar month, the DEVELOPER may, at its sole discretion, schedule any other use of the Common Facilities. Other persons, entities, civic clubs, or non-profit organizations requesting use of the Common Facilities shall coordinate directly with the DEVELOPER. 23. Responsibility for Costs. A. The DEVELOPER shall pay all costs incurred by the DEVELOPER in conjunction with the development of LOT 1 and the Private Improvements, including, but not limited to legal, planning, engineering, and inspection expenses in connection with the development of LOT 1 and the Private Improvements. B. Except for gross negligence or willful and wanton acts of the CITY, the DEVELOPER shall hold the CITY and its officers, employees and agents harmless from claims made by third parties for damages sustained or costs incurred resulting from DEVELOPER's acts or failures to act in connection with development of LOT 1 by the DEVELOPER. The DEVELOPER shall indemnify the CITY and its officers, employees and agents for all costs, damages or expenses which the CITY may pay or incur in consequence of such claims, including reasonable attorneys' fees. C. The non -prevailing party shall reimburse the prevailing party for costs incurred in the enforcement of this Agreement, including engineering fees, planning fees, attorney's fees, and costs and disbursements. D. The DEVELOPER shall pay in full all bills submitted to it by the CITY for obligations incurred under this Agreement and agreed to be paid by the DEVELOPER under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and the DEVELOPER does not reasonably dispute the payment of amount of any such bills, the CITY may reimburse itself from existing Escrow or Security. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12% o) per year. 24. Miscellaneous. 1489316.2 0 A. Third parties shall have no recourse against the CITY under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the CITY or the DEVELOPER shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The CITY's or the DEVELOPER's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land, shall be recorded against the title to LOT 1, and shall be binding on all parties having any right, title or interests in LOT 1 or any part thereof, their heirs, successors and assigns. E. Each right, power or remedy herein conferred upon the CITY or the DEVELOPER in this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the CITY or the DEVELOPER, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the CITY or the DEVELOPER and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. The DEVELOPER shall pay all local costs related to drainage improvements required to complete the construction of the Private Improvements pursuant to the PUD Development Stage Plan. Local costs are costs related to required internal drainage improvements such as retention ponds. G. Should construction of the Private Improvements to LOT 1 proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the DEVELOPER, upon the DEVELOPER's application, the CITY will enter into negotiations regarding those specific terms and shall not 10 1489316.2 unreasonably withhold consent to appropriate changes in the terms of this Agreement. H. The DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. I. The DEVELOPER shall be responsible for all on site drainage for LOT 1, as well as for any effects the DEVELOPER's actions may have on adjoining properties. 25. Violation of Agreement. If while the escrow or security provided in this Agreement is outstanding, a violation of any of the covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days, or such longer period if the DEVELOPER is in good faith and with all due diligence attempting to cure said default after written notice thereof from the CITY to the DEVELOPER, the CITY may draw upon the DEVELOPER's escrow or security to cure any violation of this Agreement and to reimburse the CITY for any costs incurred in curing the violation. Violation of any ongoing conditions of this Agreement or that separate Developers Agreement regarding Tax Increment Financing between the CITY and the DEVELOPER dated July 17_, 2017 shall result in the CITY not forwarding bond issuance fees to the DEVELOPER for reimbursement of the cost of constructing the Park Improvements and return of any funds previously forwarded to the DEVELOPER as well as any and all remedies available to the CITY under the Tax Increment Financing Developers Agreement mentioned above. 26. Maintenance of Public Property Damaged or Cluttered During Construction. The DEVELOPER agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of LOT 1 by the DEVELOPER or its contractors, except for damage caused by the CITY, its employees, agents or contractors. The DEVELOPER further agrees to pay all reasonable costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on LOT 1. In the event that the DEVELOPER is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (30) days or such longer period if the DEVELOPER is in good faith and with all due diligence attempting to cure said default, after written notice from the CITY, or such longer period as may reasonably necessary or in the event of an emergency as shorter time period as determined by the CITY, the CITY may, upon notifying the DEVELOPER undertake making or causing it to be repaired or maintained. When the CITY undertakes such repair, the DEVELOPER shall reimburse the CITY for all its reasonable expenses 11 1489316.2 within thirty (30) of its billing to the DEVELOPER. If the DEVELOPER fails to pay said bill within thirty (30) days, the Security shall be responsible for reimbursing the CITY. 27. No Assignment without Consent. The obligations of the DEVELOPER under this Agreement may be assigned by the DEVELOPER if the assignment is approved by the CITY. However, DEVELOPER shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 28. Subordination. This Agreement must be recorded against LOT 1 and all other liens, interests or mortgages shall be subordinate to the terms and conditions of this Agreement and this Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. 29. Notices. Required notices to the DEVELOPER under this Agreement shall either be hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by registered mail or sent by overnight delivery at the following address: Daniel C. Dixon or present CEO at 508 Freeport Avenue NW, Elk River, MN 55330 with a copy to Ron Touchette, Rock Solid, Realty, 7044 E. Fish Lake Road, Maple Grove, MN 55311. Notice to the CITY shall be in writing and shall be either hand delivered to the CITY Clerk or Deputy CITY Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 13400 90' Street NE, Otsego, MN 55330, Attention: City Clerk. 30. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 31. Amendment. This Agreement may be amended only by written addendum executed by both parties to this Agreement. [SIGNATURES ONFOLL0WING PAGE] 12 14&9316.2 IN WITNESS WHEREOF, the DEVELOPER and the CITY have executed this Agreement by their duly authorized representatives as of the day and year above first written. CITY OF OTSEGO, A municipal corporation Jessica Stockamp, Mayor Tami Loff, City Clerk RIVERVIEW LANDING, INC. A Minnesota nonprofit corporation M STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Daniel C. Dixon, President and CEO On this day of July, 2017 before me personally appeared Jessica Stockamp and Tami Loff to me known as the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC 13 1489316.2 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of July, 2017, before me personally appeared Daniel C. Dixon, to me known as the person described in the foregoing instrument and who did say he is the President and CEO of Riverview Landing, Inc. and that said instrument was signed on behalf of Riverview Landing, Inc. with authority and on behalf of the corporation and said Daniel C. Dixon acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC DRAFTED BY: MACARTHUR LAW OFFICE 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 763-231-5850 14 1489316.2 Cover Sheet of PUD Final Plans A-1 1489316.2 IM Me I Description of Municipal Improvements Watermain, Sanitary Sewer Lateral, Storm Sewer- including construction of Ponds 1489316.2 EXHIBIT C Outlot Covenants and Use Restrictions The Final Plat shall be subject to the following covenants and use restrictions to OUTLOTS B, C, D and E GUARDIAN ANGELS RIVERVIEW LANDING (collectively, the "Outlots" and Individually, an "Outlot'), and the same shall be formally recited pursuant to a Declaration of Restrictive Covenants and recorded immediately following the recording of the Final Plat. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement to which this Exhibit C is attached. Uses Prohibited. No portion of each respective Outlot shall be used for any development or commercial enterprise that would be detrimental to the use of the LOT 1, BLOCK 1, Guardian Angels RIVERVIEW LANDING ("Lot 1") as the site of a senior living project, including, without limitation, as a theater; roller rink; video game center; billiard or pool hall; bingo parlor; pawn shop; tattoo parlor; bowling alley; adult entertainment center or for adult uses, principal and accessory; massage parlor; flea market or second-hand store or liquidator; exclusive night clubs or discotheques (does not preclude restaurants or bar facilities that provide dancing or musical entertainment) ; surplus store; living quarters or dwelling unit; animal raising facilities (not including veterinarian clinics or pet stores); mortuary; nor for dumping, disposal, incineration, or reduction of garbage (exclusive of dumpsters located in the rear of any building); for any fire sale, bankruptcy sale (unless pursuant to a court order), or auction house operation; for any central laundry, dry cleaning plant or laundromat; for automobile, truck, trailer, or RV sales, leasing, display or repair, or any other business selling or repairing automobiles. 2. Architectural Guidelines and Building Requirements: (a) Architectural Style. The architectural style of each building erected, altered or placed within an Outlot must be harmonious and compatible with the Lot 1 and surrounding buildings. The design of any building to be erected on an Outlot must be contextual, in that the architectural style, massing, proportion, scale, color, materials, texture and detailing, shall be sensitive to and relate positively to the Lot 1 and surrounding buildings. All roofing shall be pitched as opposed to flat, hipped, gambrel or mansard type roofs. High quality exterior finishes are required in accordance with the Otsego Zoning Ordinance. In addition to the architectural style requirements set forth above, the siding used for each of the buildings erected or placed within an Outlot must remain consistent for each side of said buildings. (b) Height. No building shall be erected, altered or placed on an Outlot or permitted to remain there other than a commercial property not to exceed one story in height, as defined by the Otsego Zoning Ordinance. No building shall have a personal wireless service antenna located on the roof of its structure. (c) Dumpsters and Utility Structures. All rubbish, trash, dumpsters and/or utility structures must be placed at the south end of Outlot C, and the north end of Outlot D so as not to impact the sightlines from the Private Improvements and/or the adjacent roadways providing access to the Outlots. All rubbish, trash, recycling containers and dumpsters supporting any building within the Outlots must be located within the principal building on each lot or a covered accessory structure attached to the principal structure to be constructed of the same exterior materials as the principal structure. 3. Maintenance of the Outlots. All areas within the Outlots where natural vegetation exists and has not been replaced with improvements or landscaping must be kept neatly mowed and free from all weeds, underbrush, dead or dying plant materials, or other unsightly growth, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. 4. No Restriction on Combining Outlots. Nothing in these Covenants or Use Restrictions shall prohibit or interfere with the combining of Outlots C and D with abutting outlots for purposes of development, nor shall it prohibit alteration of existing storm water ponds so long as it does not adversely affect other parcels. 5. The covenants and restrictions herein contained shall run with the title to the Outlots and shall be binding upon all present and future owners and occupants of the Outlots; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the owners of the Private Improvements. -2- 1491171.4 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-64 RESOLUTION APPROVING DEVELOPERS AGREEMENT- GUARDIAN ANGELS RIVERVIEW LANDING WHEREAS, Riverview Landing, Inc. (Developer) intends to construct a senior housing facility on LOT 1, BLOCK I of GUARDIAN ANGELS RIVERVIEW LANDING; and WHEREAS, the approved work on the Plat requires construction of some public improvements, payment of City costs and fees and conveyance of certain Outlots; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and Riverview Landing, Inc. is hereby approved, subject to staff approved additions and changes. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 24th day of July, 2017 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Vern Heidner, Acting Mayor Tami Loff, City Clerk 2 1W14II1.400 7 Description of Park Improvements Trails and Connections Grass Plaza Plaza Picnic Pads (2), including poured concrete pad, Umbrella Style Shade Structure and Picnic table Causeway through Pond to River River Overlook D-1 1489316.2 EXHIBIT E LOT 1 Easement E-1 1489316.2 EXHIBIT F Trails Easement F-1 1489316.2